Please read the following Terms and Conditions carefully before registering with TextMeAJob.com, as this online display is the sole, exclusive and final agreement between the parties. These Terms and Conditions apply equally, in so far as they may be relevant, to all users of the Site.
1
The TextMeAJob.com services (hereafter known as “the Service” or the
“Site”) are provided by Short Message Services Limited (Company Number 4333341),
whose registered office is at 35 Westgate, Huddersfield, HD1 1PA.
2
By registering with TextMeAJob.com you become a member (“Member”) of the
Service and agree to be bound by these terms and conditions (“Terms”). Each
Member will have an “Account” which means the facility extended to you under
this Agreement allowing you, when you have logged in, an individual right of
access to the Service. As a Member, these Terms represent the agreement between
you and Short Message Services Limited (the “Agreement”). If you do not agree to
the Terms, you will not be able to register with TextMeAJob.com. Short Message
Services Limited assumes that the person accepting the terms and conditions has
the authority to do so. The Agreement begins on the date that you complete the
on-line registration process (which incorporates these Terms) and will continue
until terminated in accordance with this Agreement.
2.1 By registering with
TextMeAjob.com you confirm that you are 18 years or older at the date of
registration.
3
The Terms also apply to anyone who merely browses the Site, even if they
do not register. Your continued use of the Service constitutes your acceptance
of the Terms.
4
These terms are subject to change by Short Message Services Limited at
any time. Any changes will appear on the Terms and Conditions page of
TextMeAJob.com. If the Terms change your continued use of the Service
constitutes your acceptance of the amended Terms.
5
Short Message Services Limited requires that you give 24 hours prior
written notice of your intent to terminate your use of the Service. This written
notice must be sent by email to feedback@textmeajob.com or by post to
Short Message Services Limited, 6 Hawksworth Street, Ilkley, W. Yorkshire, LS29
9DU. Given proper notice, you may terminate your membership at any time and for
any reason. Short Message Services Limited reserves the right to immediately,
and without prior notice or reason, terminate, suspend or prevent access to the
Service.
6
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless
Short Message Services Limited, its employees, agents, representatives,
officers, directors and third parties, for any losses, costs, liabilities,
damages to or actions and/or claims against Short Message Services Limited and
expenses (including legal fees) relating to or arising out of your use of the
Service, including any breach by you of the Terms of the Agreement.
7
YOUR CONDUCT ONLINE
7.1 You agree to use the Service
in a manner consistent with any and all applicable laws and regulations;
7.2 To only set up the Service to
a mobile phone registered to yourself, or to a mobile phone for which you are
authorised to receive reverse billed SMS text messages;
7.3 In the event that the Member
of the Service transfers their mobile phone to a third party, it is the
responsibility of the Member to deregister that mobile phone for the Service;
7.4 Not to disrupt, modify, or
interfere with the Service or its associated software, hardware, and servers in
any way, and you agree not to impede or interfere with other users of the
Service. You also agree not to alter or tamper with any information or materials
on, or associated with the Service;
7.5 To access the Service you will
be asked to enter a password, which you can change at any time. You are
responsible for the security and proper use of the password and must take all
necessary steps to ensure that it is kept confidential, used properly, and not
disclosed to unauthorised persons. You will notify Short Message Services
Limited of any unauthorised use of your password or any other breach of
security;
7.6 You are responsible for
ensuring that no unauthorised access is obtained to the Service through your
Account. You will be entirely liable for all activities conducted through your
Account whether authorised by you or not, until such time as you notify Short
Message Services Limited of such unauthorised use and we have stopped access to
your Account;
7.7 If Short Message Services
Limited have reason to believe that there is likely to be a breach of security
or misuse of the Service we may change your password, and notify you
accordingly;
7.8 If you forget your password
you can contact Short Message Services Limited at feedback@txtmeajob.com . If you satisfy
the security checks we operate you will be given a new password to enable you to
use the Service;
7.9 You confirm and warrant that
all the information supplied by you when you register on-line for the Service is
true, complete and accurate in all respects and you agree to notify Short
Message Services Limited within 30 days of any changes to that information.
8
PRICING AND PAYMENT
8.1 The price of the Service will
be published on the TextMeAJob.com site at all times. Any changes in pricing
will be shown on the TextMeAJob.com site and will be effective immediately upon
notice. Changes in pricing may be communicated by means including, and without
limitation, posting on the site, via email, or via SMS text message;
8.2 You shall pay all sums due to
Short Message Services Limited under this agreement by the means specified in
the billing section of the Site and without any counterclaim, deduction, set-off
and/or any other withholding of payment. All sums shall be paid in pounds
sterling. Any applicable bank charges on these payments will be met by Short
Message Services Limited;
8.3 Prices for the Service are
inclusive of VAT;
8.4 Payment shall not be deemed to
have been made until we have received cleared funds in respect of the full
amount outstanding;
8.5 All monies paid by you to
Short Message Services Limited are non-refundable. Cancellation and/or
termination of this Agreement by you or us, irrespective of time or reason, will
not entitle you to refund of monies paid.
9
PROPRIETARY RIGHTS
Short Message Services Limited owns or has the
rights to use all proprietary rights in TextMeAJob.com. The Service contains the
copyrighted material, trademarks, and other proprietary information of Short
Message Services Limited and its licensors.
10 INFORMATION
SUPPLIED BY A MEMBER
We respect your privacy and will deal with all
information provided by you in line with our Privacy Policy, section 16 of the
Terms and Conditions, which is accessible at any time from the TextMeAJob.com
site while you use the Service.
11
COMPLAINTS
If you have a complaint or would like to contact Short
Message Services Limited, please contact the Service by email at feedback@textmejob.com or by post to
Short Message Services Limited, 6 Hawksworth Street, Ilkley, W. Yorkshire, LS29
9DU.
12 DISCLAIMER OF
WARRANTY
12.1 You
acknowledge that you are using the service at your own risk;
12.2 Short
Message Services Limited provides the Service on an “as is” basis and grants no
warranties of any kind – express, implied or statutory – in any communication
with Short Message Services Limited or its representatives, or otherwise with
respect to the Service. Short Message Services Limited specifically disclaims
any implied warranties of fitness for a particular purpose, merchantability or
non-infringement;
12.3 The Service
does not warrant that your use of the Service will be secure, always available,
uninterrupted, or error-free or that there will be no loss of transmitted
information or will meet your requirements, or that any defects in the Service
will be corrected, or that no viruses will be transmitted on the Service;
12.4 The Service
disclaims liability for, and no warranty is made with respect to, the telephone
service, including coverage, range, or any interruption in the telephone
service, including in respect to WAP (wireless application protocol), and the
text messaging service.
13 LIMITATION OF
LIABILITY
13.1 In no event
will Short Message Services Limited be liable to you for any consequences,
incidental, consequential or direct, arising out of the use of or inability to
use the Service;
13.2 In addition
Short Message Services Limited disclaims all liability, regardless of the form
of action, for the acts or omissions of other users (including “hackers”) of the
Service;
13.3 Whilst Short
Message Services Limited make every effort to ensure that the information on
this Service is accurate and complete, some of the information is supplied to us
by third parties and we are not able to check the accuracy and completeness of
that information. We do not accept any liability arising from any inaccuracy or
omission in any of the information on this Service or any liability is respect
of information on this site supplied by you, any other user of the Service or
any other person;
13.4 You must
notify Short Message Services Limited immediately if anyone makes or threatens
to make any claim against you relating to your use of this Service.
14 GENERAL
PROVISIONS
14.1 You agree
that this Agreement shall be governed by and construed in accordance with
English Law and you hereby submit to the exclusive jurisdiction of the Courts of
England and Wales in relation to any dispute or matter arising out of, or
connected with, this Agreement;
14.2 This
Agreement, accepted by you upon registering with or using the Service, contains
the entire agreement between you and Short Message Services Limited regarding
the use of the Service;
14.3 The
invalidity, illegality or unenforceability of any provision of this Agreement
shall not affect or impact the continuation in force of the remainder of this
Agreement.
15 COPYRIGHT
POLICY
15.1 All content
on the TextMeAJob.com site is the property of Short Message Services Limited.
Unauthorised copying is not permitted;
15.2 Short
Message Services Limited will terminate the privileges of any user who uses this
Site to unlawfully transmit copyrighted material without a license to do so.
16 PRIVACY
POLICY
At Short Message Services Limited we are committed to providing
you with all the measures necessary to protect your individual rights and
privacy.
16.1 Data
Protection Act: all information supplied by you to Short Message Services
Limited is covered under the Data Protection Act 1998, which ensures lawful and
controlled use of your information;
16.2 Collection
and use of information: at Short Message Services Limited we only collect
personally identifying information from you with your specific knowledge and
consent.
All information collected from you is protected behind
sophisticated security firewalls, which can only be accessed by authorised Short
Message Services Limited staff and you.
With your prior consent we may
share information with carefully selected Short Message Services Limited
partners who we believe can provide additional benefits and services to you. Any
such partner will already have agreed to keep this information in the strictest
confidence.
We will not send your information outside the European
Economic Area.
16.3 Promotions,
News and Updates: we may occasionally send you, free of any charge, news and
updates regarding TextMeAJob.com and your account with us, to keep you informed
of new services and promotions that are available through the Site. These may be
sent by email or SMS text message. You have the option not to receive this
information and should email us at feedback@textmeajob.com to be removed
from this mailing list.
16.4 Cookies: are
packets of information that are stored on your PC through your browser. We use
cookies on a limited basis to improve the performance of the Site. Once you
log-out of TextMeAJob.com, all the information that has been stored is
deleted.
(We cannot, however, guarantee that partners and advertisers on our
site use cookies on the same basis).
16.5 This privacy
policy may be modified occasionally to reflect the ever-changing online
environment.
16.6 If you have
any questions concerning our privacy policy, please contact us by email at feedback@textmeajob.com or by post to
Short Message Services Limited, 6 Hawksworth Street, Ilkley, W. Yorkshire, LS29
9DU.
17 EQUIPMENT AND
SERVICE DELIVERY
17.1 You will
need to provide all mobile phone equipment required to use TextMeAJob.com
Service, and you will be liable to pay your mobile phone network provider for
all costs incurred using TextMeAJob.com Service.
17.2 Short
Message Services Limited shall not be liable in any way for failures, defects or
delays in the delivery of SMS text messages which are caused by one or more of
the following reasons:
17.2.1 You have given the wrong mobile phone number or some other piece of false information to Short Message Services Limited;
17.2.2 Your network provider does not support the Service;
17.2.3 Your mobile phone is out of range or for some other reason cannot be reached;
17.2.4 Your message mail box is full and has no additional memory to receive additional messages;
Some
other failure occurs in communication, which is not due to Short Message
Services Limited, or its SMS partner.